Mco p1900.16f w ch 1-2 marine corps separation and retirement

1008 MARINE CORPS SEPARATION AND RETIREMENT MANUAL2. Marines shall not be retained beyond their separation date in thefollowing instances:a. Witness. Marines will not be retained on active duty to be a witnessbefore a court-martial or an investigative body. In appropriate cases,depositions should be obtained, taking into account the limitations upon theiruse in court-martial proceedings, or resort to the use of subpoenas ofwitnesses no longer subject to military orders.*b. Administrative Discharge. Marines undergoing administrativeseparation processing will not be involuntarily retained on active duty pasttheir release date. However, Marines involuntarily retained on active dutypursuant to paragraph 1008.1.b.(1) above, may be administratively separatedpurusant to their own request in lieu of trial by court-martial, or pursuantto a negotiated pretrial agreement at a court-martial. In either case, saidrequest or agreement by the Marine must be made with the assistance ofcounsel.c. Indebtedness to the Government. Indebtedness to the Government willnot bar release from active duty. However, every effort should be made torecoup all indebtedness to the Government before separation.d. Marines awaiting disposition of criminal proceedings by a foreignjurisdiction are afforded statutory and regulatory protection and benefitsattendant to their status as a member of the Armed Forces. The policy of theMarine Corps is to ensure both that the member is afforded the fullestpossible protection and that the Marine Corps meets its internationalobligations. In implementing this policy, the following procedures will beapplied in all cases where foreign criminal jurisdiction is being, or may be,exercised over a member of the naval service by action such as apprehension,arrest, investigation, or filing of charges that may result in trial and wherethe foreign criminal proceedings are not likely to be completed before thedate of the member's release from service because of the expiration of theMarine's term of service.(1) At least 1 month before EAS, a Marine will be offered theopportunity to extend his/her enlistment voluntarily for the duration of legalproceedings and any subsequent punishment. Inform Marines of the protectionand benefits they will receive as members of the Marine Corps during theforeign criminal proceedings; e.g., counsel may be provided at Marine Corpsexpense, court costs (but not fines) paid, and an interpreter made available.In most countries, the member will remain in the U.S., vice foreign custody atleast during the trial proceedings. Also inform Marines that they will remainsubject to the UCMJ and may be subject to processing for administrativedischarge. In some situations, advice of Article 27b, UCMJ, counsel will beprovided when exposure to military criminal charges is possible. Advise themember that an election not to extend voluntarily his/her enlistment shallresult in the following:(a) Foreign authorities will be advised of the impending EAS andthe inability of the Marine Corps to guarantee the member's presence afterdischarge.(b) Foreign authorities will be offered custody of the member at amutually agreed upon time immediately before EAS. If the foreignauthorities desire custody, the member will be transferred to the foreignauthorities at the agreed upon time.(c) Assuming custody is accepted by foreign authorities, themember will be discharged from the naval service as soon as practicable,1-22Ch 2